# 77
III-1.2000
III-7.8300 May 25, 1993
DJ 202-PL-082
Dave McDowell
Fusch-Serold & Partners AIA
5950 Berkshire Lane
Suite 1000
Dallas, Texas 75225
Dear Mr. McDowell:
This letter is in response to your inquiry about the
application of the Americans With Disabilities Act (ADA) to
senior living communities. We apologize for the delay in
responding.
The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department.
You are concerned with facilities you describe as senior
living communities, which provide residents with some assistance
with daily living activities, but which generally do not provide
daily skilled nursing care. The community consists of dwelling
units, which you refer to as Catered Living areas, some common
areas which are open to the public, and a nursing center for
skilled care. You believe that the ADA applies to the public
common areas and the nursing care center, but you ask if and how
the ADA applies to the Catered Living areas.
As you correctly stated in your letter, any areas in your
communities that are not reserved for the exclusive use of
residents and their guests are covered by the ADA, if they
function as one of the twelve categories of places of public
accommodation listed in title III. Therefore, any admission or
rental office is covered by title III, and your nursing care
facility and any recreational facilities in your communities are
required to comply with title III if they are open for the use of
persons other than tenants and their guests.
Furthermore, all areas of the facility are covered by the
ADA if the facility provides a significant enough level of social
services that it can be considered a social service center
establishment. Social services in the context of the ADA include
medical care, assistance with daily living activities, provision
of meals, transportation, counseling, and some recreational
activities. Not one of these services will automatically trigger
ADA coverage. Rather, the determination of whether a private
entity provides a significant level of social services will
depend on the nature, level, and quantity of services.
If a community provides a significant enough level of social
services such that it can be considered a social service center
establishment, all of those portions of the community that are
used in the provision of social services are covered by the ADA,
including the nursing center and the living areas, if social
services are provided in those areas.
Your letter also asked whether, if the living areas are
subject to the ADA, section 6 of the Americans With Disabilities
Act Accessibility Guidelines (ADAAG), which applies to medical
care facilities, contains the applicable architectural standards.
Section 6 does not apply to your Catered Living areas, because
section 6's coverage is limited to facilities in which people
receive physical or medical treatment. If, as your letter
implies, medical or physical care in your communities is provided
in the nursing care facility and not in the living units, section
6 does not apply to them. Nonetheless, you might find it
beneficial to apply the section 6.1(3) standards for nursing
homes to your living facilities if your communities cater to a
population with a high percentage of persons with mobility
impairments and other disabilities. Application of the
accessibility standards in section 6.1(3) may result in your
communities being more attractive to a growing population of
elderly persons with accessibility needs.
If you choose not to apply the standards of ADAAG section 6,
you should follow the general ADAAG standards, meeting the
applicable standards from sections 4.1 to 4.35.
I hope this information is helpful to you.
Sincerely,
John L. Wodatch
Chief
Public Access Section